contracts, Pennsylvania

Reading, PA.
I about to sign a contract.
Does the following terminology from the termination section of the contract mean that I have to stay the full time even in an "at will" state?
'Termination by Employee: The employee may
> terminate
> > this contract only at the end of a term, with or
> > without cause, and then only upon one hundred and
> > twenty (120) days advance written notice delivered
> > personally or by certified mail to one of the
> owners
> > of the hospital at the employer's address listed
> in
> > this agreement. If the written notice is sent by
> > certified mail, it must be restricted to be signed
> as
> > received by at least one of the owners of the
> > hospital, and it must be signed as received at
> least
> > one hundred twenty (120) days prior to the end of
> the
> > term of this agreement.
> > Termination by employer: The employer may
> terminate
> > this contract at the end of the term, with or
> without
> > cause, and then only upon at least sixty (60) days
> > advance notice delivered personally or by
> certified or
> > registered mail to the employee's address as given
> to
> > employer from time to time. in the event that the
> > employer terminates the employee, the employer
> shall
> > be obligated in that event to pay the employee
> > compensation up to the date of termination as long
> as
> > the employee is still working."

5 answers  |  asked Jan 18, 2002 12:27 AM [EST]  |  applies to Pennsylvania

Answers (5)

Roger E. Kohn
contract temination

I agree with the previous responses, particularly the response of Brenda Franklin Rodeheffer. This sounds like a very strange contract provision. No one can force you to work, but their can be penalties for failure to abide by a contract. Of course I do not know Pennsylvania law.

posted by Roger E. Kohn  |  Jan 22, 2002 03:02 AM [EST]
Herbert G. Ogden
contract termination notice

I don't know Pennsylvania law. In Vermont, if what you've submitted are all the relevant facts, you would have to abide by the 120 day notice, and this is not a pure at-will contract.

posted by Herbert G. Ogden  |  Jan 18, 2002 2:19 PM [EST]
Eugene Duran
contract

I practice in Colorado, but generally speaking employment at will applies to contracts that are not for a definite term. Therefore, if your contract, within the other terms, is for a definite term, you will have to comply with the requirements for terminating the contract. However, I agree with the above advice to the extent that the contract should be reviewed and a determination be made as to whether there will be liquidated or specified damages if the contract is terminated in a manner not specified by its terms. You need to have the contract reviewed by a lawyer in the state where that state's law applies to this agreement.

posted by Eugene Duran  |  Jan 18, 2002 11:20 AM [EST]
Janet M. Koehn
illegal conduct

in california, you cannot agree by contract to illegal conduct, or to waiver of your rights under any statute. thus, if they fail to pay you, or commit some other illegal conduct that would entitle you to quit, the contract would not be a defense. brenda is right though, you should not sign such a contract without spending a little time and money with an attorney experienced in employment law, first. if you are in southern california, please call me to arrange an appointment.
janet koehn
805-658-0655

posted by Janet M. Koehn  |  Jan 18, 2002 10:26 AM [EST]
Brenda Franklin Rodeheffer
contract

No one can force you to work but there may be penalties if you leave early or without the required notice. I can't say that without looking at the whole contract. There would be a fee for reviewing the contract. However, you definitely should have some attorney review the contract before signing it.

posted by Brenda Franklin Rodeheffer  |  Jan 18, 2002 09:09 AM [EST]

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